cases from IFES’ database, ElectionJudgments.org, and discusses emerging challenges for judges in
adjudicating these cases and the application of timely and effective remedies.
What Do We Mean by Disinformation?
Deliberately spreading false information about political opponents is not a new phenomenon, although the
amplification and potential mass impact of such information via the internet is newer and has been at the forefront
of concerns and debate by state actors, politicians, civil society, the media, and the public. IFES and its partners
in the Consortium for Elections and Political Process Strengthening (CEPPS) use the term information
disorder 6 to create a conceptual framework for understanding the information ecosystem and its implications for
democracy. The information disorder framework “describes how misinformation … disinformation … and
malinformation … are all playing roles in contributing to the disorder, which can also be understood as
contributing to the corruption of information integrity in political systems and discourse.” 7
Within the information disorder framework, the issue of what
might be classed as disinformation is subject to significant
debate. There is no internationally accepted legal definition of
disinformation, although practitioners and academics globally
engage in ongoing discussions around the benefits and
problems of coining a singular, all-encompassing definition.
Various definitions have been advanced. For example, the
European Commission’s High-Level Expert Group on Fake
News and Online Disinformation defines disinformation as “all
forms of false, inaccurate, or misleading information designed,
presented and promoted to intentionally cause public harm or for
profit” [emphasis added]. 8 Facebook defines disinformation as
Disinformation and misinformation are
distinct from one another. Like
disinformation, misinformation contains
false, inaccurate, or incomplete
information. It is spread mistakenly or
unintentionally. Misinformation may also
be amplified via the internet and can reach
a significant audience. This difference
between understanding the intent behind
the spread of information, as well as
identifying the harm caused by that
information, is important when courts are
faced with cases that fall within the wide
remit of what might be considered
disinformation.
“inaccurate or manipulated information content that is spread
intentionally. This can include false news, or it can involve more subtle methods such as false flag operations,
feeding inaccurate quotes or stories to innocent intermediaries, or knowingly amplifying biased or misleading
information.” 9 Academics define disinformation as “intentional falsehoods spread as news stories or simulated
documentary formats to advance political goals” and also refer to it as “… systematic disruptions of authoritative
6
Arnaudo, D., Barrowman, B., Brothers, J., Reppell, L., Scott, V., Studdart, A., Wainscott, K., and Zakem, V. Countering
Disinformation: The definitive guide to promoting information integrity: Introduction to the Guide. Consortium for Elections and
Political Process Strengthening. https://counteringdisinformation.org/introduction. The term “information disorder” is not original to
CEPPS but is built on the work of Data and Society, First Draft and the Oxford Internet Institute’s Computational Propaganda
Project, as outlined in the cited resource.
7
Ibid.
8
Directorate-General for Communication Networks, Content and Technology (2018). A multi-dimensional approach to
disinformation. High Level Expert Group on Fake News and Online Disinformation (2018, March 12). Final Report of the High Level
Expert Group on Fake News and Online Disinformation.
9
Weedon J., Nuland W., and Stamos, Aa (2017). Information operations and Facebook. Facebook.
4